Entz

Entz v. Fidelity & Casualty Co. of New York

Good Law
1966 Cal. LEXIS 262·50 Cal. Rptr. 190·64 Cal. 2d 379·412 P.2d 382
Supreme Court of CaliforniaMarch 31, 1966Sac. No. 7613California2,749 words

Opinion

lead Opinion

McComb, J.

-Defendant appeals from a judgment in a declaratory relief action extending coverage of an insurance policy to additional -insured under a ‘ ‘ loading and unloading ’ ’ clause in the policy.

Facts: Mr. Pruitt, a cement worker, was injured when struck by an angle iron falling from atop an iron fence that was being erected by plaintiffs, doing business as Capitol Iron Works (hereinafter referred to as “Capitol”).

Capitol supplied the fence, dug post holes, set the iron posts therein, and aligned the fence, using the angle iron to maintain the fence in a straight position until the post holes were filled with cement.

Capitol had contracted with Mr. Martin, Pruitt’s employer, to pour cement for five post holes and had agreed to pay him a certain amount per hole.

*381 Mr. Martin had made arrangements with A. Teiehert & Son to bring cement in a transit mix truck, owned by Teiehert, to the job site and pour cement for the holes. The truck was operated by an employee of Teiehert.

The truck driver testified that at the time of the accident he had dumped enough cement for two post holes on the ground about a foot or two from the fence, and Mr. Pruitt was shoveling the cement into the…

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